Judgment

GANGULY, J.

1. Leave granted.

2 On 1.11.2006, at about 7.15 p.m., the appellant was proceeding on a motorcycle (No. KA-04-X-4576) as a pillion rider on T.C. Palya Miand Road, near Raghawendranagar, when a lorry (No. KA-22-A-6772) came from behind at a high speed and dashed against the motorcycle. The left wheel of the lorry ran over the right leg of the appellant, due to which he sustained grievous injuries. The right leg of the appellant had to be amputated as a result of the accident.

3. The appellant filed a claim petition under section 166 of the Motor Vehicles Act, 1988 claiming Rs.15 lacs as compensation. At the time of the accident, the appellant was aged 20 years and claimed to be earning Rs.6000/- per month as salary as a building centering worker.

4. The Motor Accident Claims Tribunal (MACT) held that in motor accidents cases, strict proof of rash and negligence need not be established as was required in criminal cases, and accordingly concluded that it was clearly established that the appellant sustained injuries as a result of the accident. The appellant had sustained fracture to both bones of lower 1/3 tibia and fibula, and the right leg below knee was amputat